Haggar Co. v. Commissioner
United States Board of Tax Appeals
Held, that the declaration of value of petitioner's capital stock as contained in its first capital stock tax return filed on August 22, 1933, pursuant to sections 215(f) and 216(a) of the National Industrial Recovery Act, may not be amended by a second capital stock tax return filed on September 28, 1933. William A. Webster Co.,37 B.T.A. 800, followed, despite a ruling to the contrary in Glenn v. Oertel Co., 97 Fed.(2d) 495.
1Opinion of the Court
OPINION.
Tyson:
For the calendar year 1933 the respondent determined a deficiency of $382.49 in income tax and a deficiency of $1,376.52 in excess profits tax against the petitioner herein.
This proceeding has been submitted upon a stipulation of facts which, together with the exhibits attached thereto, is adopted as oui findings of fact and included herein by reference.
The petitioner concedes as correct the deficiency of $382.49 in income tax. The sole issue is whether the petitioner may file a second or amended capital stock tax return for the year ending June 30, 1933, and thereby amend the…
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